senate Bill S4160A

Signed By Governor
2013-2014 Legislative Session

Relates to assault on prosecutors

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Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 signed chap.259
Jul 19, 2013 delivered to governor
Jun 20, 2013 returned to senate
passed assembly
ordered to third reading rules cal.593
substituted for a5210a
Jun 13, 2013 referred to codes
delivered to assembly
passed senate
Jun 12, 2013 ordered to third reading cal.1340
committee discharged and committed to rules
Apr 23, 2013 print number 4160a
amend (t) and recommit to codes
Mar 12, 2013 referred to codes

Votes

view votes

Jun 17, 2013 - Rules committee Vote

S4160A
22
0
committee
22
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jun 12, 2013 - Rules committee Vote

S4160A
22
0
committee
22
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S4160 - Bill Details

See Assembly Version of this Bill:
A5210A
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A5210
2011-2012: A10703, S4809, S7809
2009-2010: A7298

S4160 - Bill Texts

view summary

Relates to assault with intent to prevent a prosecutor or while the prosecutor is in performance of assigned duties is deemed assault in the 2nd degree.

view sponsor memo
BILL NUMBER:S4160

TITLE OF BILL: An act to amend the penal law, in relation to assault
on district attorneys and assistant district attorneys

PURPOSE OR GENERAL IDEA OF BILL: Relates to assault on District
Attorneys, Assistant District Attorneys and Assistant Attorney
Generals.

SUMMARY OF PROVISIONS:

Section one amends subdivision 3 of section 120.05 of the penal law,
as separately amended by chapters 318 and 345 of the laws of 2010.

Section two amends subdivision 11 of Section 120.05 of the penal law,
as separately amended by chapters 318 and 345 of the laws of 2010.

Section 3 sets the effective date.

JUSTIFICATION: With a main responsibility of protecting the public,
there are often many risks associated with this job of District
Attorney or Assistant District Attorney. Individuals in this
profession are subject to intimidation, harassment, physical assault
and numerous other forms of emotional, verbal and physical abuse and
threatening. Just like police officers, those that are put in power to
protect the people can be targeted for a wide variety of reasons and
are often placed in harm's way because of the nature of their
profession. By amending the existing definition of assault as a Class
D felony on service professionals to include District Attorneys and
Assistant District Attorneys to go along with peace officers, police
officers and firefighters, an important standard will be established
for these notable service professionals.

LEGISLATIVE HISTORY: 2012: S.7809 - Referred to Rules

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4160

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 12, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to assault on district attor-
  neys and assistant district attorneys

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  3  of  section  120.05  of the penal law, as
amended by chapter 377 of the laws  of  2012,  is  amended  to  read  as
follows:
  3.  With intent to prevent a peace officer, a police officer, DISTRICT
ATTORNEY,  ASSISTANT  DISTRICT  ATTORNEY,  ASSISTANT  ATTORNEY  GENERAL,
registered  nurse,  licensed  practical  nurse,  sanitation  enforcement
agent, New York city sanitation worker, a firefighter, including a fire-
fighter acting as a paramedic or emergency medical  technician  adminis-
tering first aid in the course of performance of duty as such firefight-
er,  an emergency medical service paramedic or emergency medical service
technician, or medical or related  personnel  in  a  hospital  emergency
department,  a  city  marshal,  a traffic enforcement officer or traffic
enforcement agent, from performing a lawful  duty,  by  means  including
releasing  or  failing to control an animal under circumstances evincing
the actor's intent that the animal obstruct the lawful activity of  such
peace  officer,  police  officer,  DISTRICT ATTORNEY, ASSISTANT DISTRICT
ATTORNEY, ASSISTANT ATTORNEY GENERAL, registered nurse, licensed practi-
cal nurse, sanitation enforcement agent, New York city sanitation  work-
er,  firefighter,  paramedic, technician, city marshal, traffic enforce-
ment officer or traffic enforcement agent, he  or  she  causes  physical
injury to such peace officer, police officer, DISTRICT ATTORNEY, ASSIST-
ANT  DISTRICT  ATTORNEY,  ASSISTANT  ATTORNEY GENERAL, registered nurse,
licensed practical nurse, sanitation enforcement agent,  New  York  city
sanitation  worker,  firefighter,  paramedic,  technician  or medical or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04385-01-3

S. 4160                             2

related personnel in a  hospital  emergency  department,  city  marshal,
traffic enforcement officer or traffic enforcement agent; or
  S  2. Subdivision 11 of section 120.05 of the penal law, as amended by
chapter 377 of the laws of 2012, is amended to read as follows:
  11. With intent to cause physical injury to a train  operator,  ticket
inspector,  conductor,  signalperson,  bus  operator  or  station  agent
employed by any transit agency, authority or company, public or private,
whose operation is authorized by New York state or any of its  political
subdivisions,  a  city  marshal,  a traffic enforcement officer, traffic
enforcement  agent,  DISTRICT  ATTORNEY,  ASSISTANT  DISTRICT  ATTORNEY,
ASSISTANT  ATTORNEY GENERAL, sanitation enforcement agent, New York city
sanitation worker, registered nurse or licensed practical  nurse  he  or
she  causes  physical  injury  to such train operator, ticket inspector,
conductor, signalperson, bus operator or station  agent,  city  marshal,
traffic  enforcement officer, traffic enforcement agent, DISTRICT ATTOR-
NEY, ASSISTANT DISTRICT ATTORNEY, ASSISTANT ATTORNEY GENERAL, registered
nurse [or], licensed practical nurse, sanitation  enforcement  agent  or
New  York  city  sanitation worker, while such employee is performing an
assigned duty on, or directly related to, the operation of  a  train  or
bus, or such city marshal, traffic enforcement officer, traffic enforce-
ment  agent,  DISTRICT  ATTORNEY, ASSISTANT DISTRICT ATTORNEY, ASSISTANT
ATTORNEY GENERAL, registered nurse [or], licensed practical nurse, sani-
tation enforcement agent or New York city sanitation worker, is perform-
ing an assigned duty.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

S4160A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5210A
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A5210
2011-2012: A10703, S4809, S7809
2009-2010: A7298

S4160A (ACTIVE) - Bill Texts

view summary

Relates to assault with intent to prevent a prosecutor or while the prosecutor is in performance of assigned duties is deemed assault in the 2nd degree.

view sponsor memo
BILL NUMBER:S4160A

TITLE OF BILL: An act to amend the penal law, in relation to assault
on a prosecutor

PURPOSE OR GENERAL IDEA OF BILL: Relates to assault on a prosecutor.

SUMMARY OF PROVISIONS:

Section one amends subdivision 3 of section 120.05 of the penal law,
as amended by chapters 377 of the laws of 2012.

Section two amends subdivision 11 of Section 120.05 of the penal law,
as amended by chapter 377 of the laws of 2012.

Section 3 is the effective date.

JUSTIFICATION: With a main responsibility of protecting the public,
there are often many risks associated with the job of a prosecutor.
Individuals in this profession are subject to intimidation,
harassment, physical assault and numerous other forms of emotional,
verbal and physical abuse and threatening. Just like police officers,
those that are put in power to protect the people can be targeted for
a wide variety of reasons and are often placed in harm's way because
of the nature of their profession. By amending the existing definition
of assault as a Class D felony on service professionals to include
prosecutors with peace officers, police officers and firefighters, an
important standard will be established for these notable service
professionals.

LEGISLATIVE HISTORY: 2012: S.7809 - Referred to Rules

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4160--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 12, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the penal law, in relation to assault on a prosecutor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of  section  120.05  of  the  penal  law,  as
amended  by  chapter  377  of  the  laws  of 2012, is amended to read as
follows:
  3. With intent to prevent a peace officer, a police officer,  PROSECU-
TOR AS DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE  LAW,  registered  nurse, licensed practical nurse, sanitation
enforcement agent, New  York  city  sanitation  worker,  a  firefighter,
including a firefighter acting as a paramedic or emergency medical tech-
nician  administering  first aid in the course of performance of duty as
such firefighter, an emergency medical service  paramedic  or  emergency
medical  service technician, or medical or related personnel in a hospi-
tal emergency department, a city marshal, a traffic enforcement  officer
or  traffic  enforcement  agent, from performing a lawful duty, by means
including releasing or failing to control an animal under  circumstances
evincing the actor's intent that the animal obstruct the lawful activity
of such peace officer, police officer, PROSECUTOR AS DEFINED IN SUBDIVI-
SION  THIRTY-ONE  OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, regis-
tered nurse, licensed practical nurse, sanitation enforcement agent, New
York city sanitation worker, firefighter,  paramedic,  technician,  city
marshal, traffic enforcement officer or traffic enforcement agent, he or
she causes physical injury to such peace officer, police officer, PROSE-
CUTOR AS DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION 1.20 OF THE CRIMI-
NAL  PROCEDURE  LAW, registered nurse, licensed practical nurse, sanita-
tion enforcement agent, New York city  sanitation  worker,  firefighter,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04385-03-3

S. 4160--A                          2

paramedic,  technician  or  medical  or  related personnel in a hospital
emergency department, city marshal, traffic enforcement officer or traf-
fic enforcement agent; or
  S  2. Subdivision 11 of section 120.05 of the penal law, as amended by
chapter 377 of the laws of 2012, is amended to read as follows:
  11. With intent to cause physical injury to a train  operator,  ticket
inspector,  conductor,  signalperson,  bus  operator  or  station  agent
employed by any transit agency, authority or company, public or private,
whose operation is authorized by New York state or any of its  political
subdivisions,  a  city  marshal,  a traffic enforcement officer, traffic
enforcement agent, PROSECUTOR AS DEFINED IN  SUBDIVISION  THIRTY-ONE  OF
SECTION  1.20  OF  THE  CRIMINAL  PROCEDURE  LAW, sanitation enforcement
agent, New York city sanitation worker,  registered  nurse  or  licensed
practical nurse he or she causes physical injury to such train operator,
ticket  inspector,  conductor,  signalperson,  bus  operator  or station
agent, city marshal, traffic enforcement  officer,  traffic  enforcement
agent,  PROSECUTOR  AS DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION 1.20
OF THE CRIMINAL PROCEDURE LAW, registered nurse [or], licensed practical
nurse, sanitation enforcement agent or New York city sanitation  worker,
while  such  employee  is  performing  an  assigned duty on, or directly
related to, the operation of a train or bus, or such city marshal, traf-
fic  enforcement  officer,  traffic  enforcement  agent,  PROSECUTOR  AS
DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION 1.20 OF THE CRIMINAL PROCE-
DURE  LAW,  registered  nurse [or], licensed practical nurse, sanitation
enforcement agent or New York city sanitation worker, is  performing  an
assigned duty.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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